An employee leasing company (referenced in this rule “”an authorizing employee leasing company””) may satisfy the requirements of its quarterly and annual filing obligations as set forth in Rules 61G7-10.001 and 61G7-10.0011, F.A.C., by being accredited in good standing by the Employer Services Assurance Corporation (ESAC), and by authorizing ESAC to provide the Department, on the licensee’s behalf, certification of compliance and electronic access to information provided to ESAC by the licensee that is consistent with the reporting requirements of Rules 61G7-10.001 and 61G7-10.0011, F.A.C., and is consistent with the requirements of Florida Statutes § 668.50, (the Florida Uniform Electronic Transactions Act). Should ESAC determine that any filing made with ESAC by any authorizing employee leasing company does not meet any requirement of Florida Statutes Chapter 468, Part XI or the rules promulgated thereto, such authorizing employee leasing company shall have on file with ESAC an authorization for ESAC to disclose to the Board and the Department all information in ESAC’s possession pertinent to the failure to meet the applicable requirement, and ESAC shall disclose such information to the Board and the Department within five (5) working days of ESAC’s determination of such failure. Such information disclosed by ESAC to the Board and the Department shall remain confidential in accordance with Florida Statutes § 455.229(1) Additionally, should an employee leasing company lose its accredited in good standing status with ESAC, within five (5) working days of the loss of such status, both ESAC and the employee leasing company shall notify the board in writing of the loss of such. Nothing in this rule shall limit or change the Board or Department’s authority to license, ensure compliance with statutory or rule requirements applicable to an employee leasing company, terminate licensing of an employee leasing company or to investigate or enforce any provision of Part XI of Florida Statutes Chapter 468 or the rules promulgated pursuant thereto.
Rulemaking Authority 468.522, 468.529(4) FS. Law Implemented 468.525(3) FS. History-New 11-19-14, Amended 5-29-17.